Friday, March 8, 2013

NC Supreme Court Decisions, March 8, 2013

State v. Ellison.

Question Presented: Does the opium trafficking statute apply to tablets and pills, basing the punishment on total weight? N.C.G.A. 90-95(h)(4)? Answer, yes (even though it has disparate effect of harshly punishing relatively small quantities of pharmaceutical pill transfers--for example, one bottle of opiate pharmaceuticals gets the punishment of 225 months).

Justice Hudson concurs, but notes concern that persons may be prosecuted whose activities are beyond the intended reach of the legislation.

State v. Khan.

Reversing COA decision. Found that defendant unambiguously agreed to aggravating factors and was properly sentenced in the aggravated range.

COA had found the plea transcript ambiguous on the aggravating factors, as it listed only one of the case numbers at the top, even though both charges were listed in the body. The SC said that this was a silly distinction and the defendant admitted aggravating factors in both cases, as the plea dealt with both cases.

1 comment:

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